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Issues in the courts

EDITOR, The Tribune.

Greetings and thanks very much for the opportunity to write these several points to ponder.

Back in June of 1978 as a young recruit fire officer attached to the Royal Bahamas Police Fire Department one of the things I prided my Senior Officers, my instructors, not only did they want to align us with family life, but they insisted that we purchase very early on property, or land, stressing that while cars are a good thing to have, the truth is that you cannot live and shower in a car or vehicles.

So, from early on they saw to it that we were given the right foundations upon which to begin our lives, and I will forever be indebted to them.

I have been out of the service for 20 years now and I do not know whether or not these very sound and basic principles remain among the police and fire forces?

I heard a true story about a man, a married Bahamian man who had acquired a mortgage for a new house in one of the local housing subdivisions, but after paying that note off, problems arose in the marital home and his wife then filed for divorce. But, during the filing because he had been served court papers there were children coming out of this union...not sure how the courts would divide the assets?

He pursued another mortgage unbeknown to his soon to be divorced wife - a process that took a couple of years to neutralise. Because of the children, as the story goes, the court awarded the house to the man’s wife and the children.

Finally, the divorce was approved and each went their separate ways. Now, this woman was committed to seeing to it that he only leaves with the clothes on his back. Never stop digging into how he got along, who were his female friends, of which he had, but she was grudgeful that she could not have them legally appear in the divorce proceedings - she kept on him.

And like clock work, she found out that he was nearing the construction of that second home. What do you think she did? She went back to court, alleging that her now divorced husband prior to the finalising the union by the court, was building another home, and what do you think happened? That property became the subject of another court’s investigation, with the view of apportioning the assets to the same - this now disgruntled divorcee - but is this fair?

Editor, what am I saying? Lots of blood, sweat and tears goes into these acquisitions of not only buildings, but they had had to secure the property firstly, many undertook to pay off for the property, then put a savings plan together to be able to approach the Mortgage Corporation, etc?

I for one am a byproduct of Andros heritage, by virtue of grandmother who is a Russell. In the same vein, my Dad was a descendant of the Gilbert Clan of New Bight, Cat Island. But my Grandmother that I grew up with, married a Gibson from Savannah Sound, Eleuthera, Bahamas.

What my grandmother did was that she ensured that the two acres of Generation property remained for her descendants, down through the ages-if-Father God delays His coming.

What am I saying? The Bahamian people who have handed down to them these real estates, should be taken seriously, especially if either or others were Adverse Claimants, and or just squatting on the land? I know for one thing, my grandmother worked the land, so much so that if she were to shake your hands, there would be no question that the woman was a farmer of the highest order and as I quizzed her about her mother, Matilda, said she worked that way because it was all her mother did to sustain them, work the farm, but I called it the ‘Field.

It behooves me why, and how a person(s), company whomever, not knowing the story of the land and the levels of the sacrifices that entailed? Would you try to steal it from under you?

This is perhaps a common theme all across the Commonwealth of The Bahamas.

But the sad part of it all, and where thieves of the property (properties), were concerned, the only place to lodge that complaint or those complaints were in a Court of Law, and as it relates to the Bahamas takes literally years even to reach the Courts, much less debate, cross-examine litigants and make a sound judgement based entirely on the physical evidence presented, but this is unacceptable, why?

Having said all of this, I draw your attention and that of the scores of Bahamians who were asking why for an example this deceased Bahamian icon Mr John “Chippy” Chipman and his Estate has not been concluded in the Courts of The Bahamas? A matter involving prime Real Estate at West Bay Street, next to what I believe is Dunmore Avenue, or Dunmore Street, referred to as Chippingham Road opposite the Fish Fry at Arawak Cay? On the front of that property sits the Bus Stop for visitors traversing their West Bay Street lodgings, and I must say that across from it is some kind of waterway, but and, oh boy, that area is filthy, no excuse and I know the Bahamian readers of The Tribune must be wondering how come I am the only one trying to point out the garbage?

And to the Chief Justice Hon Winder, sir, you have inherited quite a complex load of legal work, and, therefore, I will continue to pray for God’s guidance and His enabling. Can you please, sir, cause that Chipman/others - land disputed case file to be brought to your office for perusal? Thank you, sir.

FRANK GILBERT

Nassau,

December 9, 2022.

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